Wilcox v. State, 1D99-4625.
| Decision Date | 10 April 2001 |
| Docket Number | No. 1D99-4625.,1D99-4625. |
| Citation | 783 So.2d 1150 |
| Parties | John WILCOX, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, Janelle C. Gillaspie and Karen M. Holland, Assistant Attorneys General, Tallahassee, for Appellee.
EN BANC
John Wilcox was convicted of attempted capital sexual battery and sentenced to a term of imprisonment followed by probation with conditions imposed pursuant to section 948.03, Florida Statutes (Supp. 1998). By motion pursuant to Rule 3.800(b), appellant challenged the imposition of the conditions of probation, asserting that attempted capital sexual battery is an offense under chapter 777, Florida Statutes (1997), and not an offense under chapter 794, Florida Statutes (1997).
We affirm the imposition of conditions of probation pursuant to section 948.03, Florida Statutes (Supp.1998), holding that attempted capital sexual battery is an offense under chapter 794, Florida Statutes. As we said in Zopf v. Singletary, 686 So.2d 680, 681 (Fla. 1st DCA 1996), attempted sexual battery is "a crime under section 794.011(2), Florida Statutes, as modified by the `attempt' statute, section 777.04, Florida Statutes." To the extent Lee v. State, 766 So.2d 374 (Fla. 1st DCA 2000), holds otherwise, we recede from Lee.
We find no merit to the remaining constitutional challenges raised by Wilcox.
AFFIRMED.
To continue reading
Request your trial
-
Childers v. State
...789 So.2d 1032 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Wilcox v. State, 783 So.2d 1150 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Closet Maid v. Sykes, 763 So.2d 377 (Fla. 1st DC......
-
Childers v. State
...789 So.2d 1032 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Wilcox v. State, 783 So.2d 1150 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Closet Maid v. Sykes, 763 So.2d 377 (Fla. 1st DC......
-
Fla. Dep't of Corr. v. Gould
...statute, which first appeared in Zopf v. Singletary, 686 So. 2d 680 (Fla. 1st DCA 1996) , and was later adopted in Wilcox v. State, 783 So. 2d 1150 (Fla. 1st DCA 2001).1 I.Gould pleaded no contest to attempted sexual battery on a child under the age of twelve. The conviction was not based ......
-
Fla. Dep't of Corr. v. Gould
...he is convicted under a particular criminal statute as modified by the attempt statute." This language came from our en banc decision in Wilcox. There, albeit in a statutory context, this court held that the attempt statute, section 777.04(1), effectively modifies the sexual battery statute......